( 1 ) THIS is an appeal against the order of our learned brother, Bhimasankaram, J. dismissing the. application filed by the appellant for the issue of a writ of prohibition restraining the Additional First Glass Magistrate, Kakinada, from proceeding with C. C. No. 297 of 1956 on his file.

( 2 ) THE facts are clearly and succinctly stated by our learned brother, Bhimasankaram J. in his order. They are :

( 3 ) THE appellant is the accused in C. C. No. 297 of 1956 on the file of the Additional First Class Magistrate, Kakinada. He was elected as a member of the village panchayat of Yeleswaram, East Godavari District, at a general election which took place on 23-6-195 he was appointed by the District Panchayat Officer, Kakinada, by an order dated 30-6-1956 to act as the temporary President of the meeting of all the members so elected for the purpose of co-opting a woman member as prescribed by Section 10-A of the Madras Village Panchayats Act (Act X of 1950 ). The meeting was held on 11-7-1956 and the appellant declared one T. Nukamma as having been duly co-opted and made an entry to that effect in the minutes book. The first respondent, who was also one of the Members elected to the pa

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